" Brackin v. Owens Horse Mule Co., 195 Ala. 579, 581, 71 So. 97, 98.' "This ruling has been followed in Bryan v. Spivey, 223 Ala. 298, 299, 135 So. 443, 444, where the court said: " 'In earlier cases, it appears to have been held that the statute intends that on part payment of the debt evidenced by an agreement in writing, without a surrender of the writing — in this case promissory notes — the agreement by the creditor to accept in discharge of the debt a less sum in money than the debtor owed is a nude pact and constitutes no bar to a recovery of the balance.
" This ruling has been followed in Bryan v. Spivey, 223 Ala. 298, 299, 135 So. 443, 444, where the court said: "In earlier cases, it appears to have been held that the statute intends that on part payment of the debt evidenced by an agreement in writing, without a surrender of the writing — in this case promissory notes — the agreement by the creditor to accept in discharge of the debt a less sum in money than the debtor owed is a nude pact and constitutes no bar to a recovery of the balance.